According to Dailypost. The governorship election petition tribunal in Abeokuta, Ogun State, made a significant ruling on Tuesday by dismissing an objection raised by counsel to the Peoples Democratic Party (PDP), Gordy Uche, SAN.
The objection pertained to the cross-examination of the petitioner’s witness and whether the witness could be asked to compare his statement with statements made by other petitioners’ witnesses not authored by him.
During the trial, counsel to the first respondent (INEC), Dr. Remi Olatubora, questioned a witness called by the PDP, Hon. Aina Adewale, from Sagamu, regarding the similarities between his witness statement and statements made by two other witnesses, Sowande Seun from Sagamu and Ademola Adekunle from Abeokuta North. INEC’s counsel pointed out word-for-word similarities and omissions between the statements, seeking to ascertain the witness’s credibility and accuracy.
However, the petitioner’s counsel objected to the line of questioning, citing section 67 of the Evidence Act and other authorities, stating that the witness should not be questioned about documents he did not author.
In response, INEC’s counsel, Olatubora, argued that the objection raised by the PDP’s counsel was irrelevant to the matter under review.
He asserted that the Evidence Act allowed him to cross-examine the witness in any manner that tests his credibility and veracity, in line with the spirit and letter of the 1999 constitution, which emphasizes fair hearing.
Governor Abiodun’s lawyer, Professor Taiwo Osipitan SAN, supported Olatubora’s position, explaining that cross-examination serves the statutory purpose of discovering who a witness is.
Asking the witness to compare his statement with other witnesses’ statements provides an opportunity for the witness to explain any similarities and allows the tribunal to assess his reliability.
Counsel to the All Progressives Congress (APC), Otunba Kunle Kalejaiye, argued that the PDP’s lawyer had not demonstrated any illegality or impropriety in the questions asked of the witness.
Ultimately, the tribunal overruled the PDP’s objection, citing its previous rulings on similar objections.
In another development, the counsel to the PDP was asked to step down the appearance of a subpoenaed witness, an alleged INEC staff who claimed to have worked as a presiding officer during the March 18th governorship poll.
Counsel to INEC objected to the testimony, as the witness’s statement was only served on the respondents the previous day.
The trial is set to continue in Abeokuta as the tribunal assesses the evidence and arguments presented by the parties involved.
smarthusstle (
)
